Conn. Crim. Jury Instr. 4.4-2

Released on Bail or a Promise to Appear) -- § 53a-

173 (a) (1)

Note: The degree of the offense depends on the classification of the underlying crime.

Compare Instruction 4.4-1 -- § 53a-172 (a) (1) (first degree: felony) with Instruction 4.4-2 --

§ 53a-173 (a) (1) (second degree: misdemeanor or motor vehicle violation for which a

sentence of a term of imprisonment may be imposed).

The defendant is charged [in count __] with failure to appear in the second degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of failure to appear in the second degree when while charged with

the commission of a misdemeanor or motor vehicle violation for which a sentence to

a term of imprisonment may be imposed and while out on bail or released under other

procedure of law, (he/she) wilfully fails to appear when legally called according to

the terms of (his/her) bail bond or promise to appear.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Released on bail or promise to appear

The first element is that the defendant was released on (bail / a promise to appear) upon the

condition that (he/she) appear personally in connection with (his/her) criminal proceeding at a

later date. The statute requires that the crime with which the defendant was charged when

(he/she) was released must be a misdemeanor or motor vehicle violation for which a sentence to

a term of imprisonment may be imposed. I instruct you, as a matter of law, that <insert

underlying charge> is a (misdemeanor / motor vehicle violation for which a sentence of a term

of imprisonment may be imposed).

Element 2 - Duty to appear

The second element is that on <insert date>, the defendant was required to appear before (a court

/ judicial officer) in connection with the charge of <insert underlying charge>.

Element 3 - Failure to appear

The third element is that the defendant wilfully failed to appear as required. An act is done

wilfully if done knowingly, intentionally, and deliberately. To prove this element, the state must

prove beyond a reasonable doubt either that the defendant received and knowingly, intentionally,

and deliberately ignored a notice to appear or that the defendant knowingly, intentionally, and

deliberately embarked on a course of conduct designed to prevent (him/her)

from receiving such notice.

1 <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was released

on (bail / a promise to appear) on the condition that (he/she) appear personally in connection

with (his/her) criminal proceeding at a later date, 2) (he/she) was required to appear in court on

<insert date>, and 3) (he/she) wilfully failed to appear on that date.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of failure to appear in the second degree, then you shall find the defendant guilty.

On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable

doubt any of the elements, you shall then find the defendant not guilty.

1 State v. Cerilli, 222 Conn. 556, 583-84 (1992).